IMPRESSIONS FROM THE INTERNATIONAL COPYRIGHT SCENE BRUSSELS-GENEVA-AMSTERDAM-OSLO EU WIPO iViR KKD/ NRCCL

Background – EU – Development of the Internal Market (”level playing field”) Preparations Decision –making Implementation /evaluation 2008 New initiatives

EU Copyright Directives Semiconductors 87 / 54 / EEC Protection of Computer Programs 91/250/EEC Rental right 2006/115/EC (92/100/EEC) Satellite and Cable 93/83/EE Term of Protection 2006/116/EC (93/98/EEC) Protection of Databases 96/9/EC

2001 Copyright in the Information Society 2001/29/EC 2002 Resale Right 2001 / 84 / EC 2004 Enforcement 2004 / 48 /EC 2005 Recommendation on rights management ( )

WIPO / WTO 1980 – 1993 Discussions-Negotiations 1994 WTO/ TRIPs (Berne + - moral rights ) Introduces tribunal system 1996 WIPO Copyright Treaty ”Three-step-test” generally applicable 1996 WIPO - Performers/Producers of Phonograms Treaty Left aside: Performers and producers of AV- material and sui generis protection of databases

WCT/WPPT = International Copyright enters the digital area Introduces obligation to protect DRM and TPM The problem of ”trancient copies” 2000 : A Diplomatic Conference on an AV-treaty fails 2007 :No agreement on broadcaster’s rights

Growth of the Internet Increased number of NGO’s Widespread dissatisfaction on DRM – legislation among LDC´s /DC´s ( i.a. Argentina,Chile,Brazil and India ) Criticism of European/US legislation

Brussels presently Report on implementation of ”Infosoc”- directive SEC(2007)1556 IViR reports : - Lack of harmonisation concerning exceptions -DRM / TPM-articles difficult to understand -Lack of guarantees for possibilities to take advantage of exceptions on the net

”No need for prolongation of the term of protection for performers/producers of phonograms” ”Creative content online” (COM (2007)836) : better interoperability, need for more material online, and fight against illegal file-sharing Ongoing debate in Council

EU-Commission´s follow-up(1) European Digital Library – and the need for clearing of rights – the ”orphan works” problem Copyright Green paper :Copyright in the Knowledge Economy” ( COM (2008) 466 -is the ”infosoc-approach” with it’s exhaustive list of possible exceptions still valid? Should some exceptions be compulsory? How to handle the orphan works?Compulsory exceptions to the benefit for the blind?

New proposal: Prolongation of the term of protection of phonograms – 95 years a.f. (2008/0157 (COD) Unified regulation of term of protection for ”co-written works” Commission (DG Competition) forbids part of the Cisac-agreement ( )

GENEVA : FULL STOP – OR? Newly appointed Secretary General GSC - TK / GR / TCE (Folklore) – a not so rosy picture (i.a.lack of agreement on definitions and objectives – but interesting legislative examples in a few Member States) SCC : Keeps possible treaty for AV producers and performers on the agenda, keep broadcasters rights on the agenda concentrates on discussion on exceptions and limitations

Development Agenda Norm-setting activities shall -Be inclusive and member-driven -Take into account different levels of development -Take into consideration a balance of costs and benefits -Be a participatory process,which takes into consideration the interests and priorities of all WIPO Member States and the viewpoints of other stakeholders,including accredited IGOs and NGOs; and -Be in line with the principle of neutrality of the WIPO Secretariat -How should the Agenda be interpreted ?

The near future ….. WIPO : Constructive debates – no immediate results European Union : Amended term - of protection - directive Uncertain situation concerning rights management New Commission will define new priorities